Patent Law – Tyler, Texas once again denied as a venue for a patent infringement case

In recent years the Eastern District of Texas, based in Tyler, has been a popular venue for parties filing patent infringement cases.  Theories behind this range from a jury pool that presumably is friendly to parties asserting property rights and local court rules that allow for a speedier trial.  This has resulted in many cases being filed by parties who have no or minimal connection with East Texas against companies who have no connection with East Texas other than that they may have sold or offered to sell (i.e. by the internet) what often times is a minimal amount of products in that geographical area.

Lately the courts have been more willing to transfer patent cases from East Texas to court districts that are located closer to the parties, the latest example being the case of In re Microsoft, No. 944 (Federal Circuit November 8, 2010), which was filed by a Plaintiff based in the United Kingdom but which had opened a Texas office and set up a Texas corporation just days before filing suit in the Eastern District.  The blog for the Washington Legal Foundation provides analysis of the recent developments in transfer motions in the Eastern District of Texas.

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